On Monday 18 October 2021, the Senator representing Anambra South Senatorial District, Ifeanyi Ubah, approached a Federal High Court in Abuja to seek an order to visit Nnamdi Kanu in the custody of the Department of State Services (DSS)
Ubah, in company with Maxwell Opara, member of the legal team of the detained leader of the Indigenous People of Biafra, said he had made several attempts to see Kanu without success.
He, therefore, sought an order of the court to grant him leave to visit the defendant, Kanu, as part of his oversight legislative function.
The order also seek to compel the Department of State Services to allow Ubah access to their detention facility for purposes of visiting the defendant, Kanu.
He also asked the court to grant him other requests that may deem fit to make in the circumstances of the case.
In the affidavit in support of his motion on notice that a senator of the South-East geopolitical zone of Nigeria.
The affidavit further read, ‘”That I state that as a Senator of the Federal Republic of Nigeria, it is one of my responsibilities to ensure the promotion of the Constitution of Nigeria and other laws of Nigeria.
“That I know that the Defendant in this matter was arrested and brought into Nigeria by the Department of State Services (DSS) of the Federal Republic of Nigeria and since he was brought into Nigeria, he had been detained at the detention facility of the D. S. S. pending his trial.
“That I know that by the Constitution of Nigeria every citizen, including the Defendant, that is charged with an offence is presumed innocent until the charge be proved.
“That I know that the Defendant was charged with several offences and the DSS had only produced him on one occasion in court.
“That as a senator from the South-East geopolitical zone of Nigeria, I state that the Defendant is from the South-East.
“Since the arrest and detention of the Defendant, there had been serious agitation aimed at pressing home his release and this had degenerated into proclamation of Sit-At-Home orders in the South-East; a situation which is crippling the economy of the South East.
“That I know that the Sit-At-Home orders are a medium of expression of solidarity to the detained Defendant and same has been hijacked by unknown criminal elements who are now terrorizing the South – East and engaging in wanton killings, assassinations and burning of valuable properties.
“That I state that the Sit-At-Home orders have gravely affected the economy of the South-East and had often led to the killing of flouters, arson and assassination of notable persons by a terror group called unknown gunmen,
“That there is an allegation that all the above criminalities are being championed by the Indigenous Peoples of Biafra under the leadership of the detained Defendant, an allegation which has been denied severally; yet the situation continues to worsen.
“That as a senator from the South-East geopolitical zone of Nigeria, I took it upon myself in carrying out my oversight legislative functions to visit the Defendant at the DSS detention facility.
“I want to ascertain from him if he is involved in any way in what is happening in the South East and to seek way of amicable settlement of the separatist agitation in the South East in the overall interest of Nigeria.
“That at the DSS detention facility. I was denied access to the Defendant and directed to approach this court to obtain permission before I could be allowed access to the Defendant.
“That 1 state that the action of the DSS in denying me access to visit and amicably intervene and provide solutions to the lingering Sit-At-Home orders, securities issues and violence in the South East is a disservice to the Federal Republic of Nigeria.
“That I visited and intend to visit the Defendant in my capacity as a senator of the Federal Republic of Nigeria and for purposes of attempting to ameliorate and fashion a meeting point or create a discussion table aimed at reducing tension and quelling the agitation and killings in the South-East.
“That the visit is part of my oversight legislative function, which I am empowered by the Constitution of Nigeria to perform.
“That I state that my interest in seeking to see the Defendant is in the interest of national peace and security.”
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